Jammu and Kashmir Representation of Peoples Act 1957 by The Dispatch

THE JAMMU AND KASHMIR REPRESENTATION OF THE PEOPLE ACT, 1957 Act No. IV of Contents1957 PART PreliminaryI 1.SectionShort title. 2. Definitions. PART II Delimitation of Constituencies 3. Constitution of Delimitation Commission. 4. Delimitation of Assembly Constituencies. 4 A. Procedure and powers of delimitation Commission. 4 B. Publication of orders and their date of operation. 4 C. Power to maintain delimitation orders up to date, 5. Delimitation of Council Constituencies. 6. Omitted. 7. Omitted. PARTOfficersIII 7 A. Chief Electoral Officer. 7 B. Delegation of functions of Election Commission. 7SectionC.District ElectionOfficers. 8. Electoral Registration Officers. 9. Assistant Electoral Registration Officers. 9 A. Chief Electoral Officers, District Election Officers, etc. deemed to be on deputation to Election Commission. PART IV Electoral Rolls for Assembly Constituencies 10. Definitions. 11. Electoral roll for every constituency. 12. Disqualification for registration in an electoral roll. 13. No person to be registered in more than one constituency.

14. No person to be registered more than once in any constituency. 15. Conditions of registration. 16. Meaning of ordinarily resident. 17. Preparation and revision of electoral rolls. 18. Correction of entries in electoral rolls. 19. Inclusion of names in electoral rolls. 19 A. Appeals. 19 B. Fee for applications and appeals. 20. Special provisions with regard to the electoral rolls prepared for elections to the first Legislative Assembly. PART V Electoral Rolls for Council Constituencies. 21. Preparation of electoral rolls for Council Constituencies, express. PART VI Section Qualifications and Disqualifications for Membership of Legislature 22 Qualifications for membership of the Legislative Assembly. 23. Qualifications for membership of Legislative Council. 24. Disqualification on conviction for certain offences. 24 A Disqualification for corrupt practice. 24 AA Disqualification for being a member of unlawful association. 24 B. Disqualification for dismissal for corruption or disloyalty. 24 C. Disqualification for Government contracts etc. 24 D. Disqualification for office under Government company. 24 E. Disqualification for failure to lodge account of election Expenses. 24-F. Disqualification for abuse or misuse of office or authority. 25. Interpretation. PART VI A Disqualification for voting 26. Removal or reduction of period of disqualification. 26 A. Disqualification arising out of conviction and corrupt practices. 26 B. Removal of disqualifications. PART VII Notification of General Elections. Sections

27. Notification for general election to the Legislative Assembly. 28. Notification for election to the Legislative Council. 29. Notification for biennial election to the Legislative Council. PART VIII Administrative Machinery for Conduct of Elections 30. Definitions. 31. Omitted. 32. Returning Officers. 33. Assistant Returning Officers. 34. Returning Officer to include Assistant Returning Officers performing the functions of the Returning Officer. 35. General duty of the Retuning Officer. 36. Provision for polling stations for Constituencies, 36 A Provision of polling stations outside the territorial limits of a constituency for security reasons. 37. Appointment of Presiding Officers for polling stations. 38. General duty of the Presiding Officer. 39. Duties of a Polling Officer. 39 A Returning Officer, Presiding Officer, etc. deemed to be on deputation to the Election 40.Commission.Specialprovisions in case of certain elections.PART IX Conduct of Elections Chapter 1 Nomination of candidates 41. Appointments of dates for nominations etc. 42. Public notice of election. 43.SectionNomination of candidates for election. 44. Presentation ofnomination paper and requirements for a valid nomination. 45. Deposits. 46 Notice of nomination and the time and place for their scrutiny. 47 Scrutiny of nominations. 48. Withdrawal of candidature. 49. Publication of lists of contesting candidates 50. Nomination of candidates at otherChapterelections.IICandidates and their Agents

51. Election agents 52. Disqualification for being an election agent. 53. Revocation of the appointment or death of an election agent. 54. Functions of election agent. 55. Appointment of polling agents. 56. Appointment of counting agents. 57. Revocation of the appointment or death, of a polling agent or counting agent. 58. Functions of polling agents and counting agents. 59.Attendance of a contesting candidate or his election agent at polling stations and performance by himofthefunctions of a polling agent or counting agent. 60. Non attendance of polling or counting agents. Section. Chapter Ill General Procedure at Elections 61. Death of candidate before poll. 62. Procedure in contested and uncontested election. 63. Omitted. 64. Eligibility of members of Scheduled Castes to hold seats not reserved for those castes. 65. Omitted Chapter IV The Poll 66. Fixing time for poll. 67. Adjournment of poll in emergencies. 68. Fresh poll in the case of destruction etc., of ballot boxes. 68 A. Adjournment of poll or countermanding of election on grounds of booth capturing. 69. Manner of voting at elections 70. Special procedure for voting by certain classes of persons. 71. Special procedure for preventing personation of electors. 72. Right to vote. 73. Omitted. Chapter V Counting of Votes. 74. Counting of votes. 74 A. Destruction, loss etc. of ballot papers at the time of counting. 75. Equality of votes.

95.

90. Parties

93. Omitted.

Chapter II Presentation of Election Petition to High Court. Election petitions. A. High Court to try election petitions. of petitions. to the petition. Contents of petition. Relief that may be claimed by the petitioner. Chapter Ill Trial of Election Petitions Trial of election petitions. Procedure before the High Court. Omitted.

94.

88.

76. Declaration of results. 77. Report of the result. 78. Date of election of candidates. Section Chapter VI Multiple Elections 79. Vacation of seats when elected to both Houses of the Legislature. 80. Vacation of seats by persons already members of one House on election to other House of Legislature. 81. Election to more than one seat in either House of the Legislature. 82. Publication of results of general elections to the Legislative Assembly and of names of persons nominated thereto. 83. Publication of results of elections to the Legislative Council and of names of persons nominated to such Council. 84. Application of chapter. 85. Account of election expenses and maximum thereof. 86. Lodging of account with the District Election Officer.PART X Disputes regarding Elections Chapter I Interpretation 87. Definitions.

92.

Section 91.

96.

89. Presentation

97. Omitted. 98. Omitted. 99. 101.100.OmittedOmitted.Documentary evidence. 102. Secrecy of voting not to be infringed. indemnity. 103. Answering of criminating questions and certificate of 104. Expenses of witnesses. 105. Recrimination when seat claimed. 106. Decision of the High Court. 107. Other orders to be made by the High Court. 108. Grounds for declaring election to be void. 109. Grounds for which a candidate other than the returned candidate may be declared to have been elected. 110. Procedure in case of an equality of votes. 111. Communication of orders of the High Court. 112.SectionTransmission of order to the Government, etc., and its publication. 113. Effect of orders of the High ChapterCourt.IVWithdrawal and abatement of election petition. 114. Omitted. 115. Withdrawal of election petitions. 116. Procedure for withdrawal of election petitions. 117. Report of withdrawal by the High Court. 118. Abatement of election petitions. 119. Omitted. 120. Omitted. 121. Omitted. 122. Abatement or substitution on death of respondent.ChapterV Appeals 123. Appeals to Supreme Court. 124. Stay of operation of order of High Court.

124 A Procedure in appeal. Chapter VI Security of Costs 125. Security for costs. 126. Security for costs from a respondent. 127. Costs. 128. Omitted. 129. 130.SectionOmitted.Paymentof costs out of security deposits and return of such deposit. 131. Execution of orders as to costs. PART XI Corrupt practices and Electoral Offences Chapter I Corrupt practices 132. Corrupt practices. Chapter II Electoral Offences 132 A. Promoting enmity between classes in connection with election. 132 B. Commission of unlawful activity. 133. Prohibition of public meetings on the election day. 134. Disturbances of election meetings. 134 A. Restrictions on the printing of pamphlets, posters etc. 135. Maintenance of secrecy of voting. 136. Officers etc. at elections not to act for candidates or to influence voting. 137. Prohibition of canvassing in or near polling stations. 138. Penalty for disorderly conduct in or near polling stations. 139. Penalty for misconduct at the polling station. 140. Penalty for illegal hiring or procuring of conveyance at elections. 140 A. Making of false declaration. 141. Breaches of official duty in connection with election. Section.141A.Penalty for Government servants for acting as election agent, polling agent or counting agent. 142. Removal of ballot papers from polling stations to be an offence. 142 A.Offence of booth capturing.

143. Other offences and penalties therefor. 144. Omitted 145. Amendment of Act XXIII of 1989,PARTDisqualificationsXII 146. Omitted. 147. Omitted. 148. Omitted. 149. Omitted 150. Omitted. 151. Omitted. PART XIII Bye Elections 152. Casual vacancies in the Legislative Assembly. 153. Casual vacancies in the LegislativeMiscellaneousPARTCouncil.XIV 154. List of members of the Legislative Assembly to be maintained by the Returning Officer. 155. Extension of time for completion of election. 156.SectionTerm of office of members of the Legislative Council. 157. Commencement of the term of office of members of the Legislative Council. 158. Return or forfeiture of candidate's deposit. I59. Staff of every local authority to be made available for election work. 160. Requisitioning of premises, vehicles, etc. for election purposes. 161. Payment of compensation. 162. Power to obtain information. 163. Powers of entry into and inspection of premises etc. 164. Eviction from requisitioned premises. 165. Release of premises from requisition. 166. Delegation of functions of the Government with regard to requisitioning. 167. Penalty for contravention of any order regardingPARTrequisitioning.XV

General 168. Power to make rules. 169. Jurisdiction of civil courts barred. 170. Repeal. Amendments made by Act No. (1) XV of 1959. (2) XXVl of l960. (3) I Of 1962. (4) XXIII of l963. (5 6) IX and XXIV of 1966. (7 8) V and XI of 1967. (9) XVII of 1970. (10) VII of 1971. (11) XVII of l973. (12) XXIII of l975. (13) XXIV of 1975. (14) VII of 1983. (15) III of 1988. (16) VIII of 1989. (17) President's Act 3 of 1992. (18) President's Act 4 of 1995. (19) President's Act of 1996.

2. Definitions. (1) In this Act unless the context otherwise requires,

(a) "Assembly Constituency" means a Constituency provided for the purpose of elections to the Legislative Assembly ; (b) "Constitution" mean the Constitution of Jammu and Kashmir ; (c) "Corrupt practice" means any of the practices specified in section 132 ;

2 [(kk) "public holiday' means any day which is a public holiday for the purpose of section 25 of the Negotiable Instruments Act, 1881] ;

(1) "sign" in relation to a person who is unable to sign his name, means authenticate in such manner as may be prescribed ;

PART PreliminaryI

(h) ''order” means an order published in the Jammu and Kashmir Government Gazette ;

(j) "prescribed" means prescribed by rules made under this Act ;

Be it enacted by the "Jammu and Kashmir State Legislature in the Eighth Year of the Republicof India as follows :

(g) "elector'' in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications mentioned in section 12 of this Act ;

(f) "election" means an election to fill a seat or seats in either House of the Legislature ;

1[(e) "Election Commission" means the Election Commission appointed by the President under Article 324 of the Constitution of India] ;

THE JAMMU AND KASHMIR REPRESENTATION OF THE PEOPLE ACT, 1957 ACT NO. IV OF 1957 [1st February, 1957]

An Act to provide for the delimitation of Constituencies for the purpose of elections to the Legislative Assembly and the Legislative Council, the qualifications of voters at such elec tions, the preparation of electoral rolls, the conduct of elections, the qualifications and disqualifications for membership of the Houses of Legislature, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections and matters connected therewith.

(k) "person" does not include a body of persons ;

(i) ''gazette" means the Jammu and Kashmir Government Gazette ;

(d) "Council Constituency" means a Constituency provided for the purpose of elections to the Legislative Council;

1. Short title. This Act may be called the Jammu and Kashmir Representation of the People Act, 1957.

(3) Where under any of the provisions of this Act anything ii to be prescribed, different provisions may be made for different cases and classes of cases.

(2) For the purposes of this Act an Assembly Constituency, a Council Constituency, a local authorities' Constituency, 4[****] and a panchayats' Constituency shall each be treated as a Constituency of a different class.

1 Clause (e) substituted by Act XXVI of 1960. Clause (kk) Inserted by Act XI of 1967. Clause (m) omitted ibid. Words omitted by Act XXIII of 1963.

3[(m) Omitted.]

6[(3 A) Associate Members. (l) The Commission shall associate with it five members of the Legislative Assembly to be nominated by the Speaker, having due regard to the composition of the Assembly :

4[(b) the Deputy Election Commissioner nominated by the Chief Election Commissioner.]

(2) The governor shall nominate one of the members appointed under clause (a) of sub section (I) to be the Chairman of the Delimitation Commission.

7[Provided that when the Legislative Assembly stands dissolved, the five members of the dissolved Legislative Assembly earlier nominated by its speaker shall cease to be Associate Members of the Commission and in their place three Associate Members shall be nominated by the Governor in consultation with the Chairman of the Legislative Council, from amongst the members of the Legislative Council, and two Associate Members shall be nominated by the Governor in consultation with the Speaker of the Lok Sabha from amongst the members of the Lok Sabha elected from the State of Jammu and Kashmir :

Provided further that where the Delimitation Commission is constituted during a period when the Legislative Assembly stands dissolved, the five Associate Members of the Commission shall be nominated by the Governor in the same manner as prescribed in the preceding proviso : Sections 3 substituted by Act IX of 1966, 2 Substituted by Act I of 1982. Substituted ibid "who has", Substituted by President's Act 3 of 1992. Added by Act I of l982. Section 3 A inserted vide Act XVIIof 1973. Added by President's Act 3 of 1992.

5[(3) The Delimitation Commission shall determine the delimitation of Assembly Constituencies in the State within such period as may be specified by the Governor.

PART II Delimitation of Constituencies

(a) two members, each of whom shall be a person 3[who is or has] been a Judge of the Supreme Court or of a High Court in India ; and

1[3. Constitution of Delimitation Commission, (1) "2[As soon as may be after the completion of each census] the Governor shall constitute a Commission to be called the Delimitation Commission which shall consist of three members as follows :

2. Omitted vide Act XXIII of 1975.

(a) (i) Population as ascertained at the last preceding census of which the relevant figures have been published ;and (ii) geographical compactness ;and (iii) nature of terrain ; and (iv) facilities of communication ; and (v) the like consideration.]

1. Section 4 substituted by Act IX of 1966.

3. First paragraph and clause (a) substituted by Act XXlII of 1975 4. Substituted by President's Act 3 of 1992.

Provided also that where for any reason election to the House of the People for electing members from the State is not held, the Commission shall have only three Associate Members referred to in the first proviso.].

(b) constituencies in which scats arc reserved for the Schedule Castes shall be distributed in different parts of the State and located, as far as practicable, in those areas where the proportion of their population to the total is comparatively large,

(3) The Delimitation Commission shall (a) publish its proposal for the delimitation of constituencies in the Gazette and also in such other manner as it thinks fit ; (b) specify a date on or after which the proposals will be further considered by it ;

1[4. Delimitation of Assembly Constituencies. (1) The Delimitation Commission shall, 2[xxxx](a) readjust the extent and boundaries of the Assembly Constituencies ; and (b) determine the number of seats in the Legislative Assembly to be reserved for the Scheduled Castes

(c) consider all objections and suggestions which may have been received by it before the date so specified, and for the purpose of such consideration hold one or more public sittings at such place or places in the State as it thinks fit ; and

3[(2) The Delimitation Commission shall in the manner herein provided, distribute the 4[Eighty seven] seats in the Legislative Assembly to single member territorial constituencies and delimit them having due regard, as far as practicable to the following:

(2) None of the Associate Members shall have a right to vote and sign any decision of the Commission.(3)Ifowing to death or resignation, the office of an Associate Member falls vacant, it shall be filled, as soon as practicable, in the manner prescribed in sub section (1) above]

4 A Procedure and Powers of Delimitation Commission. (l) The Delimitation Commission shall determine its procedure and shall in the performance of its function have all the powers of a Civil court under the Code of Civil Procedure, Svt. 1977, while trying a suit, in respect of the following matters, namely : (a) summoning and enforcing the attendance of witnesses ; (b) requiring the production of any document ; and (c) requisitioning any public record from any court or office.

Explanation. For the purposes of enforcing the attendance of witnesses the local limits of the jurisdiction of the Delimitation Commission shall be the limits of the territory of the Slate.

(6) The Delimitation Commission shall be deemed to be a Civil court for the purposes of sections 480 and 482 of the Code of Criminal Procedure, Svt. 1989.

(2) The Delimitation Commission shall have power to require any person to furnish any information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consideration of the Commission.

(d) thereafter by order determine the delimitation of Assembly Constituency in the State.

(3) The Delimitation Commission may authorise any of its members to exercise any of the powers conferred on it by clauses (a) to (c) of sub-section (1) and sub-section (2), and any order made' or act done in exercise of those powers by the member authorised by the Commission in that behalf shall be deemed to be the order or act, as the case may be, of the Commission.

(4) If there is a difference of opinion among the members, the opinion of the majority shall prevail, and acts and orders of the Delimitation Commission shall be expressed in terms of the views of the majority (5) The Delimitation Commission shall have powers to act notwithstanding the temporary absence of a member or the existence of a vacancy in the Commission, and no act or proceeding of the Commission shall be invalid or called in question on the ground merely of such temporary absence or of the existence of such vacancy.

4 B. Publication of orders and their date of operation. (1) The Delimitation Commission shall cause its order made under clause (d) of sub section (3) of section 4 to be published in the Gazette, and upon such publication, the said order shall have the force of law and shall not be called in question in any court.

1 Substituted by Act I of 1982.

(2) As soon as may be after such publication, the said order shall be laid before the Legislative Assembly.

(3) Subject to the provisions of sub section (4), the readjustment of representation of the several territorial constituencies in the Legislative Assembly and the delimitation of those constituencies provided for in the said order shall apply in relation to every election to the Legislative Assembly held after the publication in the Gazette of that order and shall so apply in supersession of the provisions relating to such representation and delimitation contained in 1[the last preceding Delimitation of Assembly Constituencies Order.]

(2) Every, notification under this section shall be laid, as soon as may be after it is issued, before the Legislative Assembly.]

(4) Nothing in this section shall affect the representation in the Legislative Assembly existing on the date of publication of the said order until the dissolution of that Assembly.

4 C. Power to maintain delimitation orders up to date. (1) The Election Commission may; fromtime to time by, notification in the Gazette, (a) correct any printing mistake in the final order of the Delimitation Commission or any error arising therein from, an inadvertant slip or omission ; and (b) where the boundaries or name of any district or any territorial division mentioned in any of the said orders are or is altered, make such amendments as appear to it to be necessary by expedient for bringing the order up to date.

5. Delimitation of Council Constituencies. (1) The Council Constituencies and the number of seats allotted to each such constituency shall be as provided in section 50 of the Constitution.

4[7 B. Delegation of functions of Election Commission. The functions of the Election Commission under the Constitution and this Act, or under the Rules made there under may, subject to such general or special direction, if any, as may be given .by the Election Commission in this behalf, be performed also by a Deputy Election Commissioner or by the Secretary to the Election Commission.] Substituted for "Sadar i Riyasat'' by the Constitution of Jammu and Kashmir (Sixth Amendment) Act, 1965. Sections 6 and 7 omitted by Act, IX of 1966. Section 7 A inserted by Act XXVI of 1960 . Section 7 B added by Act V of 1967.

(2) Subject to the superintendence, direction and control of the Election Commission, the Chief Electoral Officer shall supervise the preparation, revision and correction of all electoral rolls and the conduct of election in the State under this Act.]

(2) The 1[Governor] shall, as soon as may be after the commencement of this Act, by order specify the local bodies, if any, in the Province of Jammu and in the Province of Kashmir for the purpose of sub section (5) of section 50 of the Constitution. PARTOfficersIII

26. Omitted. 27. Omitted.

3[7 A. Chief Electoral Officer, (1) There shall be a Chief Electoral Officer for the State who shall be such officer of the Government as the Election Commission may, in consultation with the Government, designate or nominate in this behalf.

3 Substituted by Act XXVI of l980, for "Election Commissioner".

1 Section 7 Cinserted by Act. XI, of 1967.

(2) Where more than one District Election Officer are designated or nominated, for a district under the proviso to sub-section (1), the Election Commission shall in the order designating or nominating the District Election Officers also specify the area in respect of which each such officer shall exercise jurisdiction.

(4) The District. Election Officer shall also perform such other functions as may be entrusted to him by the Election Commission and the chief Electoral Officer.]

8. Electoral Registration Officers. (1) The electoral roll for each Assembly Constituency and Council Constituency shall be prepared and revised by an 2 [Electoral Registration Officer] who shall be such officer of the Government or of a local authority as the 3[Election Commission] may, in consultation with the Government, designate or nominate in this behalf.

1[7 C. District Election Officers. (1) For each district in the State, the Election Commission shall, in consultation with the Government of the State designate or nominate a District Election Officer who shall be an officer of Government : Provided that the Election Commission may designate or nominate more than one such officer for a district if the Election Commission is satisfied that the functions of the office cannot be performed satisfactorily by one officer.

(3) Subject to the superintendence, direction and control of the Chief Electoral Officer, the District Election Officer shall co ordinate and supervise all work in the district or in the area within his jurisdiction in connection with the preparation and revision of the electoral rolls and the conduct of elections for all Assembly and Council Constituencies within the district.

2 Substituted by Act IX .of 1966, for "Electoral Registrar".

(2) An 2[Electoral Registration Officer] may, subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.

10. Definitions, In this Part, unless the context otherwise requires.

4. Substituted by Act XXIV of 1975, dated : 19 8 1975.

2. Substituted by Act IX of 1966, for "Electoral Registrar".

3. Inserted by the President’s Act No. 4 of 1995.

(a) "constituency" means an Assembly Constituency; (b) "qualifying date" in relation to the preparation or revision of every electoral roll under this Part, means 4[the first day of January, the first day of April, the first day of July, the first day of October] (as may be applicable) of the year in which it is so prepared or revised 5[xxx]

11. Electoral roll for every constituency. For every constituency there shall be an electoral roll which shall be prepared in accordance with the revisions of this Act under the superintendence, direction and control of the [Election Commission.]

12. Disqualifications for registration in an electoral roll--(l) A person shall be disqualified for registration in an electoral roll if he(a) is not a citizen of India: or (b) is not a permanent resident of the State as defined in Part III of the Constitution; or

1. Substituted by Act XXVI of 1960, for “Election Commissioners”.

3[9-A. Chief Electoral Officers, District Election Officers, etc. deemed to be on deputation to Election Commission. -The officers referred to in this Part and any other officer or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission for the period during which they are so employed and such officers and staff shall, during the period, be subject to the control, superintendence and discipline of the Election Commission"]

3. Proviso to section 10 omitted ibid.

PART IV Electoral Rolls for Assembly Constituencies

9. Assistant Electoral Registration Officers. (1) The 1[Election Commission] may appoint one or more persons as Assistant 2[Electoral Registration Officer] to assistant any 2[Electoral Registration Officer] in the performance of his functions.

(2) Every Assistant 2[Electoral Registration Officer] shall subject to the control of the 2[Electoral Registration Officer] be competent to perform all o any of the functions of the 2[Electoral Registration Officer]

3. Substituted by Act IX of 1966 for sub section (1).

2. Inserted ibid.

1. Words omitted by Act IX of l966.

(c) is of unsound mind and stands so declared by a competent court ; or (d) is for the time being disqualified from voting under the provisions of any law relating to corrupt practices and other offences in connection with elections.

14. No person to be registered more than once in any constituency. No person shall be entitled to be registered in the electoral roll for any constituency more than once.

15. Conditions of registration, Subject to the foregoing provisions of this Part, every person who 1 (a)[xxxlisnot less than 4[Eighteen] years of age of 2[on the qualifying date,] and (b) is ordinarily resident in a constituency. shall be entitled to be registered in the electoral roll for that constituency.

(2) The name of any person who becomes so disqualified after registration shall forthwith be struck off the electoral roll in which it is included : Provided that the name of any person struck off the electoral roll of a constituency by reason of a disqualification under clause (d) of sub section (I) shall forthwith be reinstated in that roll if such disqualification is, during the period such roll is in force, removed under any law authorising such removal.

13. No person to be registered in more than one constituency. No person shall be entitled to be registered in the electoral roll for more than one constituency.

16. Meaning of "ordinarily resident" 3[(l) A person shall not be deemed to be ordinarily resident in a constituency on the ground only that he owns, or is in possession of, a dwelling house therein.

4. Substitution by Act VIII of 1989.

1[(3) Any person having a service qualification shall be deemed to be ordinarily resident on any date .n the constituency in which, but for his having such service qualification, he would have been ordinarily resident on that date.

(1 b) A member of Parliament or office Legislature of the State shall not during the term of his office cease to be ordinarily resident in the constituency in the electoral roll of which he is registered as an elector at the time of his election as such member, by reason of his absence from that constituency in connectionwith his duties as such member.]

(6) The wife of any such person as is referred to in sub section (3) or sub section (4) shall, if she be ordinarily residing with such person, be deemed to be ordinarily resident in the constituency specified by such person under sub section (5), 1 Sub section (3) to (8) substituted for sub sections (3), (4), (5) and (6) by Act VII of 1971.

(2) A person who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness, or who is detained in prison or other legal custody at any place, shall not only by reason thereof be deemed to be ordinarily resident therein.

(1 a) A person absenting himself temporarily from his place of ordinary residence shall not by reason thereof cease to be ordinarily resident therein

(4) Any person holding any office in India declared by the Governor in consultation with the Election Commission to be an office to which the provisions of this sub section apply, shall be deemed to be ordinarily resident on any date in the constituency in which, but for the holding of any such office, he would have been ordinarily resident on that date.

(5) The statement of any such person as is refererd to in sub section (3) or sub section (4) made in the prescribed form and verified in the prescribed manner that but for his having the service qualification or but for his holding any such office as is referred to in sub section (4) he would have been ordinarily resident in a specified place on any date, shall in the absence of evidence to the contrary, be accepted as correct.

(d) being a person who is employed under the Government of India, in a post outside the State ; or (e) being a person, holding any office under the Government and, verified to be moving along with the headquarters of the Government from Kashmir Province to Jammu Province or vice versa, by such authority as the Governor may, in consultation with theElection Commission, specify.]

(a) shall, unless otherwise directed by the Election Commission For reasons to be recorded in writing, be revised in the prescribed manner by reference to the qualifying date (i) before each general election to the Legislative Assembly of the State and 1. Section 17(2) substituted by Act XI of 1967.

(a) being a member of the armed forces of the Union ; or (b) being a member of a force to which the provision of the Army Act, 1950 (46 of 1950), have been made applicable whether with or without modifications ; or

17. Preparation and revision of electoral rolls. (1) The electoral Roll for each constituency, shall be prepared in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made under this Act. 1[(2) The said electoral roll .

(7) If in any case a question arises as to where a person is ordinarily resident at any relevant time, the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the Government in consultation with the Election Commission.

(8) In sub sections (3) and (5) "service qualification" means

2 Words omitted ibid.

3 Substituted by Act IX of 1966, for 'he'.

5 Substituted by Act IX of 1966, for "Electoral Registrar".

Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.]

(3) Notwithstanding anything contained in sub section (2) the 1[Election Commission] 2[***] may, at anytime, for reasons to be recorded, direct a special revision of the electoral roll for any constituency or part of a constituency in such manner as 3[it] may think fit : Provided that subject to the other provisions of this Act, the electoral roll for the constituency, as in force at the time of the issue of any such direction shall continue to be in force until the completion of the special revision so directed.

4 Section 18 substitutedby Act XXVI of I960.

(ii) before each bye election to fill a casual vacancy in a seat allotted to the constituency ; and (b) shall be revised in any year in the prescribed manner by reference to the qualifying date if such revision has been directed by the Election Commission :

4[18. Correction of entries in electoral rolls. If the 5[Electoral Registration Officer] for a constituency, on application made to him or on his own motion, is satisfied after such enquiry as he thinks fit, that any entry in the electoral roll of the constituency (a) is erroneous or defective in any particular, or (b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within the constituency, or (c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in the constituency or is otherwise not entitled to be registered in that roll .

the 5[Electoral Registration Officer] shall, subject to such general or special directions, if any, as may be given by the 1 Substituted by Act XXVI of 1960, for "Election Commissioner''.

Provided that if the applicant is registered in the electoral roll of any other constituency, the Electoral Registration Officer shall inform the Electoral Registration Officer of that other Constituency and that officer shall, on receipt of the information, strike off the applicant's name from that roll.

3[19 A. Appeals. An appeal shall lie within such time and in such manner as may be prescribed(a)to the Chief Electoral Officer from any order of the 1[Electoral Registration Officer] under section 18 or section 19. Substituted by Act IX of 1966. Section 19 substituted by Act XI of 1967 Sections 19 A and 19 B inserted by Act 1 of 1962.

2[19. Inclusion of names in electoral rolls (l) Any person whose name is not included in the electoral roll of a constituency may apply to the Electoral Registration Officer for the inclusion of his name in that roll.

Provided that before taking any action on any ground under clause (a) or (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident in the constituency or that he is otherwise not entitled to be registered in the electoral roll of that constituency, the 1[Electoral Registration Officer] shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.]

(3) No amendment, transposition or deletion of any entry shall be made under section 18 and no direction for the inclusion of a name in the electoral roll of a constituency shall be given under this section, after the last date for making nominations for an election in that constituency and before the completion of that election.]

Election Commission in this behalf, amend, transpose or delete the entry :

(2) The Electoral Registration Officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein :

1(b) Omitted 19 B. Fee for applications and appeals. Every application under section 18 or section 19 and every appeal under section 19 A shall be accompanied by a prescribed fee which shall, in no case, be refunded.]

(2) Anything done and any action taken under the said resolution, whether before or after the commencement of this Act, for the purpose of elections to the first Legislative Assembly under the Constitution, shall, in so far as they are in conformity with the said resolution, be deemed, to have always been valid.

20. Special provisions with regard to the electoral rolls prepared for elections to the first Legislative Assembly. (1) Notwithstanding anything contained in this Act the electoral rolls prepared pursuant to the Resolution of the Jammu and Kashmir Constituent Assembly, dated 29th September, 1956 for elections to the first Legislative Assembly whether before or alter the commencement of this Act. shall be deemed to be the electoral rolls prepared under this Act.

PART V Electoral Rolls for Council Constituencies

2. Clause (b) of S. 21 omitted by Act, XXIII of 1963.

21. Preparation of electoral rolls for Council Constituencies (1) In this section (a) "local 'authorities' constituency" means a constituenc for the purpose of elections to the Legislative Council under clauses (a) and (b) of sub section (4) of section 5 of the Constitution : 2(b) Omitted. (b) "Panchayats constituency" means a constituency for the purpose of elections to the Legislative Council under clauses (a) and (.b) of sub section (5) of section 50 of the Constitution.

1. Clause (b) of S. 19 A omitted by Act XI of 1967.

2 Sub section (3) omitted by Act, XXIII of 1963.

(a) the electorate shall consist of members of Municipal Council, town area committees and notified area committees within the limits of that constituency ;

3 Substituted for "Sadar i Riyasat" of Jamniu and Kashmir (Sixth Amendment) Act, 1965.

2. For the purpose of elections to the Legislative Council in a local authorities’ constituency

(a) the electorate shall consist of members of Panchayats and such other local bodies, if any, within the limits of the constituency as the 3[Governor] may by order specify under sub section (5) of section 50 of the Constitution ;

(b) every member of each such local authority within a local authorities' constituency shall be entitled to be registered in the electoral roll for that constituency ;

2[(3)(4)Omitted.]Forthepurpose of elections to the Legislative Council in a Panchayats' constituency

(c) 1[the Electoral Registration Officer] for each local authorities' constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up to date ;

1 Substituted by Act IX of 1966.

(d) in order to enable the 1[Electoral Registration Officer] to maintain the electoral roll corrected up to date the Chief Executive Officer of each local authority (by whatever designation such officer may be known) shall immediately inform the 1[Electoral Registration Officer] about every change in the membership of that local authority ; and the 1[Electoral Registration Officer] shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority ; and (e) the provisions of sections 11, 12, 14, 18 and 19 shall apply in relation to local authorities' constituencies as they apply in relation to Assembly Constituencies.

(c) the 1[Electoral Registration Officer] for each Panchayats' Constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up to date ;

(d) in order to enable the 1[Electoral Registration Officer] to maintain the electoral roll corrected up to date the Panchayat Officer of the Province of Jamrnu and of the Piovince of Kashmir shall immediately inform the 1[Electoral Registration Officer] about every change in the membership of each Panchayat and of such local body, if any, within the Panchayats' Constituency as referred-to in clause (a), and the 1[Electoral Registration Officer] shall, on receipt of the information, strike off from the electoral roll the names of perrons who have ceased to be, and include therein the names of persons who have become, members of that Panchayat or local body ; and (c) the provisions; of sections 11, 12, 14. 18 and 19 shall apply in relation to Panchayats' Constituency as they apply in relation to Assembly Constituency.

22. Qualifications for membership of the Legislative Assembly A person shall not be qualified to be chosen to fill a seat in the Legislatlve Assembly unless

1. Substituted by Act IX of 1966

(b) in the case of any other seat, he is an elector for any Assembly Constituency in the State.

PARTQualificationsVI and disqualifications for membership of Legislature

(a) in the case of a seat reserved for the Scheduled Castes, he is a member of any of those castes and is an elector for any Assembly Constituency in the State ; and

(b) every member of the Panchayat and of such local body, if any, within a Panchayats' Constituency as referred to in clause (a) shall be entitled to be registered in the electoral roll for that constituency ;

23. Qualifications for membership of the Legislative Council. (1) A person shall not be qualified to be chosen to fill a seat in the Legislative Council be filled by election unless he is an elector for any Assembly Constituency in the State.

: 1

3 Substituted for "Sadar i Riyasat'' by the Constitution of Jammu and Kashmir (Sixth Ammendment) Act, 1965 Substituted by Act XI of 1967 for Sections 24, 25 and 26". Substituted by Act XVII of 1970. Substituted by Act VIII of 1971.

2 Substituted by Act XXVI of I960 for "Election Coimmissioner"

(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council to be filled by nomination by the 3[Governor] unless he is a permanent resident of the State as defined in Part III of the Constitution and is ordinarily resident in the State.

l[Provided that where on the date of publication of a notification under sub section (2) of section 27 calling upon certain Assembly Constituencies to elect members the electoral rolls for any other Assembly Constituencies are not prepared and finally published and the 2[Election Commission] has recommended that such other constituencies may not be called upon by the said notification to elect members, no person who is not an elector for any of the constituencies called upon to elect members by the said notification shall, notwithstanding anything in this section or in any other provision of this Act be qualified to be chosen from any of those constituencies to fill a seat in the [Legislative Assembly.]

(2) A person convicted by a court in the State or outside the State in India for any offence .and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of five years since his release The proviso Inserted by Act XII of 1957 w.e.f. 2 2 1957.

4[24. Disqualification on conviction for certain offences. (1) A person convicted of an offence punishable under 5 [section 153 A or section 171 E or section 171 F or sub section (2) or sub section (3) of section 505 of the Ranbir Penal Code, 1989] 6[or under section 10 or section 11 or section 12 or sub section (1) or sub section (2) of section 13 of the Unlawful Activities (Prevention) Act, 1967 or under section 132 A or section 132 B] or section 142 or clause (a) of sub section (2) of section 143 of this Act shall be disqualified for a period of six years from the date of such conviction.